| Author | Title | Citation | Document Type | Status | Summary | Year |
| Joe R. Feagin |
Documenting the Costs of Slavery, Segregation, and Contemporary Racism: Why Reparations Are in Order for African Americans |
20 Harvard BlackLetter Law Journal 49 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
Without significant reparations for African Americans, the deepest racial divide in the United States will never be eliminated. As Randall Robinson has put it in The Debt: What America Owes to Blacks, if . African Americans will not be compensated for the massive wrongs and social injuries inflicted upon them by their government, during and after... |
2004 |
| Laurence Thomas |
Equality and the Mantra of Diversity |
72 University of Cincinnati Law Review 931 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
In response to the decision rendered by the United States Supreme Court in Grutter v. Bollinger, University of Michigan's president, Mary Sue Coleman, claimed that [o]ur diversity is our strength. Not too long ago, it seems, attracting and training talented minds was held to be the very essence of a university. And a positive correlation was... |
2004 |
| John Hayakawa Török |
Freedom Now!--race Consciousness and the Work of De-colonization Today |
48 Howard Law Journal 351 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
We saw neither the end of racism nor the end of history in the last decade of the twentieth century. Conditions in American law and society clearly differ now from a century ago when W.E.B. Du Bois declared that the problem of the twentieth century was the problem of the color line. They differ from when Charles Hamilton Houston and William Henry... |
2004 |
| |
Frivolous Tax Returns; 'Reparations Tax Credit.' |
Rev. Rul. 2004-33 (3/3/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| Peter C. Alexander |
From Brown to Topeka to the Future |
96 Law Library Journal 219 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
Dean Alexander considers the lessons of Brown v. Board of Education, reflecting on what the case personally means to him and what it can teach us about the future of the country. ¶1 Borrowing liberally from President Abraham Lincoln: Four score and seven years from now, our descendants will bring forth upon this continent a renewed nation,... |
2004 |
| Charles J. Ogletree, Jr. |
From Brown to Tulsa: Defining Our Own Future |
47 Howard Law Journal 499 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
As we reflect on fifty years of Brown in the context of where we are today as a country of diverse people, we have a clearer sense of its successes and failures and the challenge for the future. This Article is an attempt to share my assessment of Brown and its progeny, in the hope that others will seek solutions to these problems and meet the... |
2004 |
| Richard Buxbaum |
German Reparations after the Second World War |
6 African-American Law and Policy Report 35 (2004) |
Law Review Articles and Other Secondary Sources |
|
To someone my age, some of the previous comments smack of the venial sin of Presentism. For some of us, 1961 is not all that long ago; we can test the question of past versus present comprehension of the changing American views of race and ethnicity by looking at the span of our own adult lives. I do not believe that we were ignorant of the... |
2004 |
| Roy L. Brooks |
Getting Reparations for Slavery Right--a Response to Posner and Vermeule |
80 Notre Dame Law Review 251 (November, 2004) |
Law Review Articles and Other Secondary Sources |
|
In their essay, Reparations for Slavery and Other Historical Injustices, Eric Posner and Adrian Vermeule (hereinafter referred to as the authors) set out to provide an overview of the conceptual, legal, and moral issues surrounding reparations. Their main critical thrust is to fill what they perceive to be large gaps in the literature on... |
2004 |
| Ellen A. Waldman |
Healing Hearts or Righting Wrongs?: a Meditation on the Goals of "Restorative Justice" |
25 Hamline Journal of Public Law and Policy 355 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
Only a stone could sit unmoved by the stories recounted in the public halls and private gatherings at Hamline's symposium on Restorative Justice. Restorative Justice practitioners told of their work on tribal reservations and inner cities. They told of troubled youth, sitting before community elders, feeling, for the first time, abashed and... |
2004 |
| Lukas H. Meyer |
Historical Injustice and the Right of Return |
5 Theoretical Inquiries in Law 305 (July, 2004) |
Law Review Articles and Other Secondary Sources |
|
There are two main sources of theoretical doubt regarding the validity of claims for reparation: the questions arising from the non-identity problem and those arising from the supersession thesis. Neither of them significantly undermines the Palestinian refugees' claims to reparations and a right of return. Do present-day Palestinians living in... |
2004 |
| |
Hudson Valley Black Press v. I.r.s. |
307 F.Supp.2d 543, United States District Court, S.D. New York. (3/3/2004) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TAXATION - Agent misconduct. Bivens remedy was not inferred to allow redress of IRS agent misconduct. |
2004 |
| Elizabeth J. Cabraser |
Human Rights Violations as Mass Torts: Compensation as a Proxy for Justice in the United States Civil Litigation System |
57 Vanderbilt Law Review 2211 (November, 2004) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 2211 II. The Human Rights/Mass Tort Precursors to the Holocaust Litigation. 2217 III. Doing Justice By Bearing Witness. 2228 IV. The Human Rights/Mass Tort Jurisprudence Feedback Loop. 2234 V. Conclusion: Making a Record and Promoting an International Rule of Law. 2235 |
2004 |
| Christopher L. Brooke |
I Don't Remember Buying a $20,000 Stereo System: Chapters 73 & 468--an Attempt to Solve the Increasing Problem of Identity Theft |
35 McGeorge Law Review 589 (2004) |
Law Review Articles and Other Secondary Sources |
|
Code Sections Affected Penal Code § 803.5 (new), § 803 (amended). AB 1105 (Jackson); 2003 Stat. Ch. 73, SB 851 (Senate Committee on Public Safety); 2003 Stat. Ch. 468. God made each of us to be different from anyone else in the world, as our DNA and fingerprints prove. You don't have to work at having a separate identity; you already have one. A... |
2004 |
| Erin Leigh Sylvester |
Identity Theft: Are the Elderly Targeted? |
3 Connecticut Public Interest Law Journal 371 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
A 101-year-old woman's hired caregiver stole nine checks from the woman and then forged her signature, stealing $63,000 in two weeks. A nephew convinced his elderly aunt to trade in her $1.7 million bond portfolio and buy stock in his one-year-old oil and gas firm that had not done any business. A social worker assigned to an elderly woman in a... |
2004 |
| James R. Hackney, Jr. |
Ideological Conflict, African American Reparations, Tort Causation and the Case for Social Welfare Transformation |
84 Boston University Law Review 1193 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 1193 I. The Mass Tort Analogy and the Case For and Against African American Reparations. 1194 II. Implications: Social Welfare Transformation?. 1201 Conclusion. 1206 |
2004 |
| Ambassador Stuart E. Eizenstat |
Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War Ii |
37 Vanderbilt Journal of Transnational Law 333 (March, 2004) |
Law Review Articles and Other Secondary Sources |
|
I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in... |
2004 |
| |
In Brief |
1/8/2004 Vol.50 13 (1/8/2004) |
Law Review Articles and Other Secondary Sources |
|
|
2004 |
| |
In Brief |
2/5/2004 Vol.50 13 (2/5/2004) |
Law Review Articles and Other Secondary Sources |
|
|
2004 |
| |
In Brief |
4/8/2004 Vol.50 14 (4/8/2004) |
Law Review Articles and Other Secondary Sources |
|
|
2004 |
| |
In re African-american Slave Descendants Litigation |
304 F.Supp.2d 1027, United States District Court, N.D. Illinois, Eastern Division. (1/26/2004) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TORTS - Slavery Reparations. Issue of reparations for slavery was committed to representative branches of government. |
2004 |
| |
In re African-american Slave Descendants Litigation |
307 F.Supp.2d 977, United States District Court, N.D. Illinois, Eastern Division. (1/26/2004) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
LITIGATION - Judges. Mere speculation about judge's financial interests was not ground for recusal. |
2004 |
| |
In re Nazi Era Cases Against German Defendants Litigation |
320 F.Supp.2d 235, United States District Court, D. New Jersey. (6/8/2004) |
Cases |
As of January 6, 2020 case has been reversed or overruled. |
INTERNATIONAL LAW - Settlements. Interest claim on restitution settlement lacked justiciability under political question doctrine. |
2004 |
| |
In the Matter of the Complaint Against Morris James D/b/a National Resource Information Center, Inc. at P.o. Box 760 Montezuma, Ga 31063-0760 and at 207 South Dooly Street Montezuma, Ga 31063-1605 and at 206 South Dooly |
(4/30/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| Kevin R. Johnson |
Integrating Racial Justice into the Civil Procedure Survey Course |
54 Journal of Legal Education 242 (June, 2004) |
Law Review Articles and Other Secondary Sources |
|
Although I fear that the average law student might disagree, civil procedure is not simply a boring set of technical rules governing the litigation process. True, it can be taught that way, but any proceduralist knows that civil procedure can be much more. Indeed, it touches on some of the nation's most pressing social justice issues, ranging from... |
2004 |
| Stephanos Bibas , Richard A. Bierschbach |
Integrating Remorse and Apology into Criminal Procedure |
114 Yale Law Journal 85 (October, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 87 I. Remorse, Apology, and Current Criminal Justice. 92 A. The Individual Badness Model. 92 B. Remorse and Apology in Criminal Procedure. 95 C. Remorse and Apology in the Literature. 101 II. The Broader Value of Remorse and Apology. 104 A. The Status Quo Revisited. 104 B. The Broader Value of Remorse and Apology. 109 1. Crime as a... |
2004 |
| Kevin R. Johnson |
International Human Rights Class Actions: New Frontiers for Group Litigation |
2004 Michigan State Law Review 643 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
L1-2Introduction 644. I. The Coming of Age of International Human Rights Class Actions. 649 A. The Globalizing Political Economy and International Human Rights Class Actions: Beyond Compensation?. 650 B. Old Wine, New Bottles?. 652 C. The Multiple Purposes of International Human Rights Class Actions. 655 D. Difficulties of the New International... |
2004 |
| Hanoch Dagan, Keith N. Hylton, and Anthony J. Sebok |
Introduction |
84 Boston University Law Review 1135 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
On April 9th and 10th, 2004, Boston University School of Law sponsored a symposium titled The Jurisprudence of Slavery Reparations. As the principal conference organizers, we are pleased and a bit awestruck to see the symposium contributions published in this issue of the Boston University Law Review. The papers published here - in the first... |
2004 |
| Henry W. McGee Jr. |
Introduction: Brown, Triumph or Challenge? |
3 Seattle Journal for Social Justice 13 (Fall/Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
News of Brown v. Board of Education reached me nearly a month before 1 graduated with a journalism degree from Northwestern University's Medill School of Journalism. Standing in the school's Daily Northwestern offices, I heard the old-style AP wire ticker tape bells noisily signal a major news story, one whose decibel level was as loud as the... |
2004 |
| James L. Wittenbach, Cpa |
Irs Launches Assault on Frivolous Tax Evasion Schemes |
73 Practical Tax Strategies 359 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
A series of revenue rulings describe a variety of schemes individuals have adopted to avoid owing tax and explain why those arrangements do not justify the expected benefits. Some individuals (including promoters and return preparers who assist with frivolous tax schemes) have contended that they should not have to pay taxes or file returns. In a... |
2004 |
| |
Irs Updates the "Dirty Dozen' for 2004: Agency Warns of New Scams |
IR- 2004-26 (3/1/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| |
Irs, Justice Department Note Increase in Tax Enforcement |
IR- 2004-48 (4/6/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| |
Judge Dismisses Slave Reparations Suit Against Several Companies in re African-american Slave Descendants Litig. |
11 Andrews Class Action Litigation Reporter 13 (3/3/2004) |
Law Review Articles and Other Secondary Sources |
|
A federal judge in Chicago has dismissed a lawsuit filed against several major corporations and their predecessors by a group of individuals descended from former slaves. The lawsuit sought damages based on the profits the companies made from slave labor. The court dismissed the case based on the conclusion that the plaintiffs lacked standing to... |
2004 |
| Girardeau A. Spann |
Just Do it |
67-SUM Law and Contemporary Problems 11 (Summer 2004) |
Law Review Articles and Other Secondary Sources |
|
Racial injustice has always been a problem in the United States. The most salient victims of the Nation's discrimination against racial minorities have included indigenous Indians, Chinese immigrants, Japanese-American citizens, Latinos, and of course blacks. But as the current war on terrorism illustrates, under the right conditions, almost any... |
2004 |
| |
Justice Department Notes Increase in Tax Enforcement |
DOJ 04-213 (4/6/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| Paul R. Dubinsky |
Justice for the Collective: the Limits of the Human Rights Class Action |
102 Michigan Law Review 1152 (May, 2004) |
Law Review Articles and Other Secondary Sources |
|
Holocaust Justice: The Battle for Restitution in America's Courts. By Michael J. Bazyler. New York: New York University Press. 2003. Pp. xix, 411. Cloth, $34.95. Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II. By Stuart E. Eizenstat. New York: Public Affairs. 2003. Pp. xi, 401. Cloth, $30. The class... |
2004 |
| Kevin R. Johnson |
Latcrit Goes International |
16 Florida Journal of International Law L. x (September, 2004) |
Law Review Articles and Other Secondary Sources |
|
This LatCrit Theory Colloquium on International and Comparative Law is comprised of papers presented at the Facultad de Derecho de la Universidad de Buenos Aires in Buenos Aires, Argentina in August 2003. Titled The Role of Constitutional and Legal Systems in Maintaining or Reforming Political, Social, Economic and Legal Arrangements, the... |
2004 |
| Sharon E. Rush |
Lessons from and for "Disabled" Students |
8 Journal of Gender, Race and Justice 75 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction II. How Important is Education? III. How Important is the Universal Tenet of Human Equality? A. The Invisibility of Non-traditional Disabilities B. Inequality Lessons Throughout Society 1. Sex Scandal at Air Force Academy 2. The Harvey Milk School 3. Segregated High School Proms C. Gender Equality D. Sexual Orientation Equality E.... |
2004 |
| Annette B. Almazan |
Looking at Diversity and Affirmative Action Through the Lens of Pilipino/a American Students' Experience at Ucla and Berkeley |
9 Asian Pacific American Law Journal 44 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
While the withdrawal of support from Affirmative Action has been undoubtedly a major factor in our gradual exclusion from the University, our invisibility on the institutional and academic levels has only fueled our growing conviction that UC Berkeley has no interest in providing Filipinos with the support and encouragement necessary for our... |
2004 |
| Peter Margulies |
Making "Regime Change" Multilateral: the War on Terror and Transitions to Democracy |
32 Denver Journal of International Law and Policy 389 (Summer 2004) |
Law Review Articles and Other Secondary Sources |
|
Since September 11, American policy at home and abroad has centered on engineering transitions from political contexts that spawn hatred and violence to those that promote peace and the rule of law. Unfortunately, the current Administration has proceeded without considering the experience of countries making transitions to democracy. This article... |
2004 |
| Jolie Bell |
Maybe Not the Best Solution, but a Solution: the German Foundation Agreement |
6 Cardozo Journal of Conflict Resolution 107 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
After the Holocaust, they broke their promises. They lied. They said Give us a little money each week and if something bad happens to you we'll take care of your family. Well something had happened. Something really bad, and the insurance companies didn't live up to their end of the bargain. And they still haven't. Over fifty-five years have... |
2004 |
| |
Memorandum in Support of Motion for Summary Judgment |
(4/30/2004) |
Trial Court Documents |
|
On January 17, 2003, Plaintiff, Jerald Boykin (hereinafter Plaintiff), filed a Complaint alleging that, while employed with the City of Baton Rouge/Parish of East Baton Rouge (hereinafter... |
2004 |
| |
Memorandum of Points and Authorities in Support of the Motion of Defendants Caci International Inc, Caci Inc. - Federal, and Caci N.v. to Dismiss Plaintiffs' Second Amended Complaint |
(9/10/2004) |
Trial Court Documents |
|
FN1. Consistent with Plaintiffs' failure to conduct any reasonable prefiling inquiry as to the truth of their allegations, Plaintiffs have not even sued the CACI entity that actually... |
2004 |
| |
Memorandum of Points and Authorities in Support of the Motion of Defendants Caci International Inc, Caci Inc.-federal, and Caci N.v. to Dismiss Plaintiffs' Second Amended Complaint |
(9/13/2004) |
Trial Court Documents |
|
FN1. Consistent with Plaintiffs' failure to conduct any reasonable prefiling inquiry as to the truth of their allegations, Plaintiffs have not even sued the CACI entity that actually... |
2004 |
| |
Motion of Defendants Caci International Inc, Caci, Inc. - Federal, and Caci N.v. to Dismiss Plaintiffs' Complaint |
(10/12/2004) |
Trial Court Documents |
|
Defendants CACI International Inc, CACI, INC. - FEDERAL, and CACI N.V. (collectively, the CACI Defendants) hereby move to dismiss Plaintiffs' Complaint pursuant to Federal Rules of Civil... |
2004 |
| Scott C. Idleman |
Multiculturalism and the Future of Tribal Sovereignty |
35 Columbia Human Rights Law Review 589 (Summer 2004) |
Law Review Articles and Other Secondary Sources |
|
One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... |
2004 |
| Heather M. Heath |
Non-compliance with the Vienna Convention on Consular Relations and its Effect on Reciprocity for United States Citizens Abroad |
17 New York International Law Review Rev. 1 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
The Vienna Convention on Consular Relations (Vienna Convention), which the United States ratified, requires that when a country arrests a foreign national it must without delay notify that person of his or her right to contact his or her consulate for legal assistance. The U.S. has not consistently followed this procedure, and several foreign... |
2004 |
| Alfred L. Brophy |
Norms, Law, and Reparations: the Case of the Ku Klux Klan in 1920s Oklahoma |
20 Harvard BlackLetter Law Journal 17 (Spring, 2004) |
Law Review Articles and Other Secondary Sources |
|
In his posthumously published novel Juneteenth, Ralph Ellison explored life in the Oklahoma of his youth during the 1910s and 1920s. The novel reflects on the life of Bliss, a young boy of ambiguous racial heritage, and his foster-parent, Alonzo Hickman, an African American minister. Bliss is the son of a white woman, who accuses the minister's... |
2004 |
| |
Oakland Education Association, Charging Party, v. Oakland Unified School District, Respondent |
28 PERC ¶ 208 (8/31/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| |
Opposition of Defendants Xelan Investment Services, Inc., Xelan Annuity Co., Ltd., and Xelan Administrative Services, Inc. to Application to Motion for Preliminary Injunciton Appointment of Receiver and Repatriation of Foreign Assets |
(11/19/2004) |
Trial Court Documents |
|
The complaint is brought under two statutes, 18 U.S.C. § 1345 and 26 U.S.C. § 7402, which provide this Court with authority to enter injunctions in fraud cases and tax cases, respectively.... |
2004 |
| Wendy B. Scott |
Panel Commentary Twenty-five Years: the Future of Affirmative Action |
78 Tulane Law Review 2053 (June, 2004) |
Law Review Articles and Other Secondary Sources |
|
The author served as the moderator of a panel at the Symposium entitled Twenty-Five Years: The Future of Affirmative Action. In this Commentary, she reviews articles by Professors Kevin Brown, Leland Ware, and John Valery White appearing elsewhere in this Issue. I. Introduction. 2053 A. The Occasion. 2054 B. The Response: Replicating Racial... |
2004 |